The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property.
Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. ‘The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s ‘right to occupy’ immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been.’
Citations:
[1997] EWCA Civ 2118, [1998] 1 EGLR 30
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2, Housing Act 1988 27 28
Jurisdiction:
England and Wales
Citing:
Cited – Fenner v Blake 1900
The tenant told the landlord that he wanted to vacate the premises midway during the tenancy. Relying on the oral representation, the landlord sold the premises to a third party. The tenant subsequently refused to vacate the premises and claimed . .
Cited – Elsden v Pick CA 1980
Waiver or estoppel preventing reliance upon terms of lease. The court upheld an agreement between parties to waive the strict requirements of a notice after it had been served, . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Cited – Pittalis v Grant CA 1989
A point was raised for the first time on appeal.
Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where . .
Cited – Melville v Bruton CA 29-Mar-1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as . .
Cited – Tagro v Cafanec CA 1991
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no . .
Cited – Jones and Lee v Miah and Another CA 9-Sep-1992
The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of . .
Cited by:
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Lists of cited by and citing cases may be incomplete.
Land, Contract, Landlord and Tenant, Damages
Updated: 09 November 2022; Ref: scu.142515